Disclaimer This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law. You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4. |
Edited version of private ruling
Authorisation Number: 1011896781457
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Ruling
Subject : Overpayment by Medicare
Question
If you are overpaid Medicare benefits and Medicare does not require repayment of the overpaid amounts, would the overpaid amounts be treated as assessable income?
Answer
No.
This ruling applies for the following periods
Year ended 30 June 2010
Year ended 30 June 2011
The scheme commenced on
1 July 2009
Relevant facts
You received benefit payments from Medicare in August 2010 for the 2009-10 financial year.
The payments were classed as additional benefits.
You are concerned that you may have been overpaid.
Medicare has not sought any reimbursement.
Relevant legislative provisions
Income Tax Assessment Act 1997 Section 6-5
Income Tax Assessment Act 1997 Section 6-10
Reasons for decision
The benefit payments you have received from Medicare are not considered to be assessable income for taxation purposes. Therefore you are not required to include any amounts which may have been overpaid but not reimbursed to Medicare as income in your income tax return.